Can my husband be deported even though we are legally married have a 4 year old child and I’m pregnant?

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Can my husband be deported even though we are legally married have a 4 year old child and I’m pregnant?

He was picked up by immigration for a problem he had 7 years ago; he has not had any other legal problems besides the one. He had a residence card which just expired. He is incarcerated right now waiting to see a judge.

Asked on September 19, 2011 under Immigration Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Oh my goodness.  You say that his resident card just expired.  A temporary residency card?  And you did not apply for permanent residency based upon your marriage?  Obviously the marriage is not a sham with one child and one on the way.  You would have passed any investigation that the INS would have put you through.  But if his paperwork is not in order and he is considered to have violated the terms of his visa then yes, he can be deported.  Please seek the hep of an attorney right away.  Maybe there is an emergency motion or petition that you can file.  You need to straighten this out while he is still here in the US.  Once deported it could be a problem for him to return.  Good luck to you.


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